Arbitration
Supreme Court Dismisses UCM Coal Company's Challenge To Rs.126 Cr Arbitral Award In Favor Of Adani Enterprises
The Supreme Court recently dismissed a challenge to the Allahabad High Court order which upheld an arbitral award of Rs.126 crores in favor of Adani Enterprises.A bench of Justices JK Maheshwari and Atul S Chandurkar passed the order in a petition filed by UCM Coal Company Ltd., a joint venture of Uttar Pradesh Rajya Vidyut Utpadan Nigam Ltd., Chhatisgarh Mineral Development Corporation...
Reference To Arbitration Requires Independent Application, Cannot Be Inferred From Plea To Reject Plaint: Calcutta High Court
The Calcutta High Court recently rejected a Master's summons application filed by M/s Samman Capital Limited, that sought stay of a commercial suit on the grounds of an existing arbitration clause.Master's summons under the Code of Civil Procedure (CPC) refers to a court order (summons) compelling a party to appear, often to provide documents or information relevant to an insolvency proceeding...
Auction Cancellation Must Be Based On Objective Criteria, Not Post-Facto Subjective Satisfaction: Rajasthan High Court
The Rajasthan High Court held that whether an auction bid was fair or competitive was not a post-facto subjective notion, rather an assessment founded on objective criteria, demonstrable from the auction proceedings themselves and recorded contemporaneously with clarity and specificity.While setting aside unilateral and unreasoned cancellation of auction post acceptance of deposit by the...
The Illusion Of Progress: Why India Is Not Ready To Be An Arbitration Hub
The desire of India to place itself near the global arbitration hubs has continued to falter under the pressure of inconsistency in policies, lack of efficiency in the administration and general unwillingness to adopt the rapid method of solving disputes. Although Indian arbitration system has been remodeled and promises and commitments are repeatedly given, the system has remained entrenched...
Arbitration | Arbitral Award Can't Be Interfered With Just Because Another Interpretation Of Contract Is Possible : Supreme Court
The Supreme Court reaffirmed that an arbitral award cannot be set aside under Section 34, nor can it be interfered with in an appeal under Section 37 of the Arbitration and Conciliation Act, merely because the arbitrator has not adopted an alternative or second possible interpretation of the substantive contract. A Bench comprising Justices P.S. Narasimha and Pankaj Mithal set aside the...
Section 29A(6) and the Perils of Mechanical Substitution: Reading Mohan Lal Fatehpuria Correctly
The decision of the Supreme Court in Mohan Lal Fatehpuria v. Bharat Textiles has led to considerable discussion on the interpretation of Section 29A(6) of the Arbitration and Conciliation Act, 1996. The concern that appears to have emerged is whether the judgment should be read to mean that the moment the statutory timeline for making an arbitral award expires, substitution of the...
Bombay HC's 'Central Warehousing' Judgment Does Not Bar Arbitration Clauses In Leave & License Agreements : Supreme Court
The Supreme Court upheld a Bombay High Court order appointing an arbitrator in a dispute arising from a leave and licence agreement for office premises of Motilal Oswal Financial Services Limited at Malad, Mumbai, holding that an arbitration agreement existed between the parties.A bench of Justice JB Pardiwala and Justice KV Viswanathan held that the High Court was right in allowing...
Arbitration | Lack Of S. 21 Notice Not Fatal If Claim Is Otherwise Valid & Arbitrable : Supreme Court
The Supreme Court set aside a Kerala High Court judgment which had held that an arbitral tribunal cannot decide disputes beyond a specific issue referred to it and that a party cannot raise additional disputes without issuing a separate notice under Section 21 of the Arbitration and Conciliation Act, 1996.The Court set aside a judgment of the Kerala High Court and restored an arbitral award...
Arbitration Clause Cannot Be Invoked Once Loan Contract Is Exhausted: Himachal Pradesh High Court
The Himachal Pradesh High Court has held that a civil suit seeking damages for harassment and mental agony on account of non-issuance of a No Objection Certificate could not be linked to the original loan agreement once the loan was fully repaid. The Court remarked that the loan contract had been exhausted upon complete repayment of the loan amount, and therefore, the subsequent claim for...
Business Law Daily Round-Up: January 08, 2026
IBC NCLAT Limits Ansal Properties' Insolvency To Sushant Golf City and Rajasthan ProjectsFunding Rival Bids, Using Same IP Proves Bid Rigging, NCLAT Upholds CCI Penalty Against Klassy EnterprisesCalling Guarantor 'Director' In SARFAESI Notice Doesn't Invalidate Invocation Of Guarantee: NCLATNCLAT Upholds Eviction Of Subsidiaries From Corporate Debtor's Properties During LiquidationBank...
Delhi High Court Refuses Interim Relief to JLT Energy Against Hindustan Cleanenergy In Solar Deal Dispute
The Delhi High Court has refused to restrain Hindustan Cleanenergy Limited and its group companies from creating third-party rights in two solar power projects in Tamil Nadu and Bihar, holding that the share purchase agreements signed with a French investor had already come to an end on their own terms. Justice Purushaindra Kumar Kaurav, in an order dated January 6, 2026, said courts cannot...
Individual Members' Suit Does Not Abandon Society's Arbitration Clause With Developer: Bombay High Court
The Bombay High Court has held that a civil suit filed by individual members of a housing society against a developer does not amount to abandonment of the arbitration clause in a redevelopment agreement. The Court said such a decision can be taken only by the society acting as a collective body. A Single-Judge Bench of Justice Somasekhar Sundaresan said that once a co-operative housing...